Protecting Older Workers Against Discrimination Act
Sponsored By: Senator Tammy Baldwin
Introduced
Summary
A uniform mixed-motive standard for proving discrimination would let claimants show that age or another protected trait was a motivating factor in an employment decision even when other factors also played a role. The bill would extend that proof rule across the Age Discrimination in Employment Act, Title VII, the Americans with Disabilities Act, and the Rehabilitation Act, and it would limit remedies in mixed-motive cases when an employer proves it would have acted the same way.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Easier proof for race and sex claims
If enacted, the bill would let you show that a protected trait or protected activity was a motivating factor. You would not have to prove it was the only cause.
New rules for pending and future claims
If enacted, the bill would apply its new proof rules to claims pending on or after enactment. It would also apply to claims filed after enactment. This could change how ongoing cases are proved and what remedies are available.
Mixed-motive rules for disability claims
If enacted, disability discrimination under the ADA would be proven when disability or protected activity was a motivating factor. Complainants could use any admissible evidence and need not show sole causation. If the employer shows it would have acted the same way, courts could order declaratory or injunctive relief. Courts could also award attorney fees directly tied to that claim. The Rehabilitation Act would adopt these same proof rules for federal and other covered employees.
New age-discrimination proof rules
If enacted, the bill would let you prove age discrimination when age was a motivating factor. You would not have to show age was the only cause. If the employer shows it would have acted the same way, courts could order declaratory or injunctive relief. Courts could also award attorney fees directly tied to that mixed-motive claim. Courts could not award damages, or force reinstatement, hiring, promotion, or payment.
Sponsors & CoSponsors
Sponsor
Tammy Baldwin
WI • D
Cosponsors
Chuck Grassley
IA • R
Sponsored 5/20/2025
Sheldon Whitehouse
RI • D
Sponsored 5/20/2025
Roll Call Votes
No roll call votes available for this bill.
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